1-1     By:  Gallego (Senate Sponsor - Ellis)                 H.B. No. 2297

 1-2           (In the Senate - Received from the House May 5, 1997;

 1-3     May 6, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 13, 1997, reported favorably by the following

 1-5     vote:  Yeas 6, Nays 0; May 13, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the Texas Judicial Council.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 71.001, Government Code, is amended to

1-11     read as follows:

1-12           Sec. 71.001.  DEFINITIONS.  In this chapter:

1-13                 (1)  "Chair" means the chair of the council.

1-14                 (2)  "Council" means the Texas Judicial Council.

1-15                 [(2)  "President" means the president of the council.]

1-16           SECTION 2.  Section 71.011, Government Code, is amended to

1-17     read as follows:

1-18           Sec. 71.011.  NUMBER AND CLASSES OF MEMBERS.  The Texas

1-19     Judicial Council is an agency of the state composed of 16 [10] ex

1-20     officio and six [nine] appointive members.

1-21           SECTION 3.  Section 71.012, Government Code, is amended to

1-22     read as follows:

1-23           Sec. 71.012.  EX OFFICIO MEMBERS.  [(a)]  The ex officio

1-24     members are:

1-25                 (1)  the chief justice of the supreme court;

1-26                 (2)  the presiding judge of the court of criminal

1-27     appeals;

1-28                 (3)  the chair [chairman] of the Senate Jurisprudence

1-29     Committee;

1-30                 (4)  one member of the senate, appointed by the

1-31     lieutenant governor [the immediate past chairman of the Senate

1-32     Jurisprudence Committee];

1-33                 (5)  the chair [chairman] of the House Judicial Affairs

1-34     [Judiciary] Committee;

1-35                 (6)  one member of the house of representatives,

1-36     appointed by the speaker of the house [the immediate past chairman

1-37     of the House Judiciary Committee];

1-38                 (7)  two justices of the courts of appeals designated

1-39     by the chief justice of the supreme court [governor]; [and]

1-40                 (8)  two district [presiding] judges [of the

1-41     administrative judicial regions] designated by the chief justice of

1-42     the supreme court;

1-43                 (9)  two judges of county courts, statutory county, or

1-44     statutory probate courts designated by the chief justice of the

1-45     supreme court;

1-46                 (10)  two justices of the peace designated by the chief

1-47     justice of the supreme court; and

1-48                 (11)  two municipal court judges designated by the

1-49     chief justice of the supreme court [governor].

1-50           [(b)  If the chairman of the Senate Jurisprudence Committee

1-51     or House Judiciary Committee is reappointed as chairman, his

1-52     immediate predecessor shall continue to serve on the council as

1-53     immediate past chairman.]

1-54           [(c)  The justices and judges to be named by the governor

1-55     under Subsection (a) may be either active justices and judges or

1-56     retired justices and judges of the same grade who are legally

1-57     eligible for assignment to part-time judicial duties.]

1-58           [(d)  Ex officio members have the same powers and duties

1-59     under this chapter as the citizen members of the council.]

1-60           SECTION 4.  Sections 71.013(b) and (c), Government Code, are

1-61     amended to read as follows:

1-62           (b)  Except as provided by Subsection (a), all members of the

1-63     judiciary appointed to the council serve [Justices of the courts of

1-64     appeals and presiding judges of the administrative judicial regions

 2-1     are members of the council for] staggered terms of four years with

 2-2     the [one justice's and one judge's] term of one member from each

 2-3     judicial group expiring on February 1 of each odd-numbered year.

 2-4           (c)  A legislative member whose membership in the legislature

 2-5     ceases continues as a member of the council at the pleasure of the

 2-6     appointing authority [for his full term on the council.  If a

 2-7     legislative membership is vacant, the presiding officer of the

 2-8     appropriate house of the legislature shall name a person to fill

 2-9     the vacancy for the unexpired term].

2-10           SECTION 5.  Section 71.014, Government Code, is amended to

2-11     read as follows:

2-12           Sec. 71.014.  CITIZEN MEMBERS.  (a)  The chief justice of the

2-13     supreme court [governor] shall appoint the six [nine] citizen

2-14     members on the council.

2-15           (b)  A citizen member must be a resident citizen of the

2-16     state.  Three [Seven] of the six [nine] citizen members must be

2-17     members of the State Bar of Texas and two must be persons who are

2-18     not licensed to practice law[, including at least one who is by

2-19     profession a journalist].

2-20           SECTION 6.  Sections 71.015(a) and (b), Government Code, are

2-21     amended to read as follows:

2-22           (a)  Citizen members serve for staggered terms of six years

2-23     with two [three] members' terms expiring on June 30 of each

2-24     odd-numbered year.

2-25           (b)  A vacancy in citizen membership is filled for the

2-26     unexpired term by appointment by the chief justice of the supreme

2-27     court [governor].

2-28           SECTION 7.  Section 71.017, Government Code, is amended to

2-29     read as follows:

2-30           Sec. 71.017.  QUORUM.  Eleven [Five] members of the council

2-31     constitute a quorum.

2-32           SECTION 8.  Sections 71.018(a) and (d), Government Code, are

2-33     amended to read as follows:

2-34           (a)  The chief justice of the supreme court shall [council

2-35     may elect members to] serve as chair  [president] and the presiding

2-36     judge of the court of criminal appeals shall serve as vice chair of

2-37     the council.  Other [as the other] officers of the council shall be

2-38     elected by the council [that it considers advisable.  It may  elect

2-39     a secretary who is not a member].

2-40           (d)  The chair [president] may appoint committees for

2-41     two-year terms [the duration of his presidency] that he considers

2-42     necessary for the organization of the council.

2-43           SECTION 9.  Section 71.020(d), Government Code, is amended to

2-44     read as follows:

2-45           (d)  Before any expenses incurred by the council, its members

2-46     or officers, or its committees may be paid, the chair [president]

2-47     of the council or the vice chair [vice-president], if authorized by

2-48     the chair [president] in writing to do so, must approve a verified

2-49     and itemized account of the expenses.

2-50           SECTION 10.  Section 71.035(d), Government Code, is amended

2-51     to read as follows:

2-52           (d)  Except as provided by this subsection, the attorney

2-53     general shall file and prosecute an action for mandamus on behalf

2-54     of the council if requested to do so in writing by the council.  To

2-55     be valid, the written request must be signed by the chair

2-56     [president] or by at least 11 [five] members of the council.  The

2-57     attorney general may refuse to file an action if he certifies in

2-58     writing that the action is without merit.

2-59           SECTION 11.  (a)  With the exception of the chief justice of

2-60     the supreme court and the presiding judge of the court of criminal

2-61     appeals, the terms of the current ex officio members of the Texas

2-62     Judicial Council expire on the effective date of this Act.  As soon

2-63     as possible after the effective date of this Act, the chief justice

2-64     of the supreme court, the lieutenant governor, and the speaker of

2-65     the house of representatives shall appoint ex officio members to

2-66     the Texas Judicial Council in accordance with Sections 71.012 and

2-67     71.013, Government Code, as amended by this Act.

2-68           (b)  The terms of the current citizen members of the Texas

2-69     Judicial Council expire on the effective date of this Act.  As soon

 3-1     as possible after the effective date of this Act,  the chief

 3-2     justice of the supreme court shall appoint two citizen members for

 3-3     terms expiring June 30, 2001, two citizen members for terms

 3-4     expiring June 30, 2003, and two citizen members for terms expiring

 3-5     June 30, 2005, in accordance with Sections 71.014 and 71.015,

 3-6     Government Code, as amended by this Act.

 3-7           SECTION 12.  This Act takes effect September 1, 1997.

 3-8           SECTION 13.  The importance of this legislation and the

 3-9     crowded condition of the calendars in both houses create an

3-10     emergency and an imperative public necessity that the

3-11     constitutional rule requiring bills to be read on three several

3-12     days in each house be suspended, and this rule is hereby suspended.

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